Child Born in 2018, but could not get SSN until this month

[KNERD]

I had a child born in 2018. Due to the location where he was born, I was unable get a timely SSN assigned to him. Then the pandemic happened with just about all the government shut down. which meant I had to wait longer to be able to obtain what I needed. After a long time getting all the documents I needed, I finally have a SSN for him as of this month.

Now comes two issues. 

 1) Did not receive any stimulus payments for this child.  How to claim these payments in TurboTax? Adding the child is not coming up with the ability to add them. I understand I have to do a "Recovery Rebate Credit."

2) I now have to go back and amend the taxes from 2018 -2021. However, there is a limit of three years for amending tax return to claim a refund. Not my fault the government shuttered their offices. Surely there is an exemption to the 3 year limit?

Thanks!

[DanaB27 · Accepted solution]

1. Please make sure that your child is entered as a dependent on your 2021 tax return before going to the Recovery Rebate section (click on "My Info" on the left and scroll down to review your dependents).

You can only claim the third stimulus payment on your 2021 tax return if you qualify:

1. After entering all your information click "Search" at the top right and type "Stimulus".
2.  Follow the jump to link (if you do not qualify for the Recovery Rebate Credit the stimulus questions will not come up). 
3. On the screen "Let's double-check the amount you received" you will be asked about the amount of third stimulus payment you received. TurboTax will then calculate the amount of stimulus payment remaining that you are still entitled to get. 
4. Any stimulus amount remaining due to you will show as The Recovery Rebate Credit on line 30 of Form 1040.

Please see What are the eligibility rules for the Recovery Rebate Credit? for additional information.

You will have to file an amended 2020 tax return (1040-X) to possibly qualify for the missing first and second stimulus pay. Please see How do I amend my 2020 return?

2. No, to claim a refund, you must file Form 1040-X within 3 years after the date you filed your original return or within 2 years after the date you paid the tax, whichever is later.

Also, please be aware, "you may not claim your child as a qualifying child for the Child Tax Credit if your child doesn't have an SSN before the due date of your return (including extensions), even if your child later gets an SSN" (IRS). The same applies for the Earned Income Credit. 

[KNERD]

Thank you kindly for the very informative answer.

[KNERD]

"Also, please be aware, "you may not claim your child as a qualifying child for the Child Tax Credit if your child doesn't have an SSN before the due date of your return (including extensions), even if your child later gets an SSN" (IRS). The same applies for the Earned Income Credit. "

So I cannot claim those credits because the US government basically shut down , and I was unable to get a social security number for nearly two years?

[AmyC]

Yes, the IRS used to allow those amended returns and immigrants were filing them when they received social security numbers. Congress changed that ruling to apply to those in that year with a social security number. You can file a 2018 return and get a refund until April 15, 2022. If you have anything to claim. EIC and CTC are definitely not allowed due to the Protecting Americans from Tax Hikes or PATH Act

[fanfare]

@KNERD 

You should amend anyway claiming all credits and let the IRS deny your credits due to SSN issues.

I'm sure you will get the EIP 1,2, and 3 and 2021 ACTC for a dependent, assuming your AGI is not too high.

You can start with 2018 and submit it soon.

[AmyC]

@fanfare is correct. Get your 2018 done right away.  

Please:

• Save a copy of the original return before doing an amended return.
• See how to file an amended return.
• Follow your amend at track an amended return 
• See Can I e-file my amended state return? or I need to amend my state return.
• I recommend mailing with tracking to ensure safe delivery. Each year must be mailed separately.

[KNERD]

The issue is my child was born abroad. When I finally contact the SSA about a number, they tell me they will not issue a SSN without a Consular Report of Birth Abroad.  By the time I contacted a consulate where he was born,  they indicated there was no appointments for no specified time to start again in the future.  This went on for about a year. When they finally started back up for "emergency" appointments, they sent a long list of documents and other papers I needed to submit to even get an appointment. Getting those documents of course took some time. Then submitting scanned copies of those documents, and waiting for them to give me an appointment too about an additional three months. Waiting for the Consular Report of Birth Abroad was an additional month. 

I finally got everything for the SSA, and it takes about three months of dealing with them before a card with the number arrives (they have not been seeing people in person for a long while now). 

I would think there would be exceptions in the case where the government is failing to do its job. Like the IRS did in 2020 where they extended time to file to October 15(?).

[angelicadewitt]

We kind of had a similar situation with me I was married in 2018 still but not to the father of my daughter born in 2018 the state of Ohio requires you to commit federal purgery by lying on a legal document you must put or husband's name as the father... anyways I wasnt gonna do that so I had to wait till 

He allowed me a divorce in Oct of 2022 anywhere  in 2023 I tried to get all her stimulus and child tax credits I missed out on around 6 grand well irs sent nothing and said because she didn't have ssn until after they were sent out we didn't qualify... it's like not my fault legal aid wouldn't help me when  I wanted a divorce in 2016, it's not fault he would not sign papers for divorce in 2019 and it's not my fault  the state wouldn't allow my child to have a birth certificate or ssn until I was divorced in 2022 but I became homeless for 3yrs and lost everything I had because I didn't get the stimulus for her in 2020 which would have made me not he evicted in July of 2020 due to being short on rent by about 400 dollars not to mention my other 2 kids who lived with me full time until 2020  their dad got that stimulus and our  stimulus money was spent on rent for 1 month... so I don't Tim you can get any and if you do tell me how

[xmasbaby0]

@angelicadewitt It is difficult to sort out what your question is in the long narrative you posted, and it would also be difficult to sort out what you perceive as the things that were not "your fault" as opposed to the choices you made.   However, if your child did not have a SSN when you filed your tax return, you are not eligible to get the child tax credit or stimulus money for that child.   You do not mention whether you filed tax returns for any of those years or whether you claimed your other children, or if you had income from working during those years.   The refundable child-related credits like additional child tax credit and earned income credit are based on having income from working.  And....the children you claim in order to get those credits must have SSN's.   It sounds like you did not obtain a SSN for your child until 2022, which would make it too late for you to get refundable child-related credits for that child for the prior years.   

Although the child born in 2018 did not have a SSN until 2022 (correct?) you mention other children---but do not mention their ages.  Are they older?  Younger?   Did you file tax returns and claim them for the tax years in which you may have been eligible to receive stimulus checks or other child-related credits?   Or---were you not the custodial parent of those other children?   

If you filed incorrectly for 2021 or any subsequent year, you could still amend those returns.  It is too late to file or amend a 2020 return in order to get a refund.  Any refunds for 2020 or earlier have been forfeited.

In regard to the children who *might* have been your dependents for 2021, 2022, or 2023----

Are you  (were you?) the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

Hopefully, going forward, your children all have Social Security numbers and if you are the custodial parent, you can claim them as dependents or at least get some of the child-related credits.